Kayikci (Migration)

The Administrative Appeals Tribunal reviewed a decision concerning an application for a Temporary Activity (Class GG) visa, subclass 408. The applicant sought this visa as an academic researcher, nominating the Australian Turkish Education and Cultural Foundation Inc as her sponsor. The primary issue before the Tribunal was whether the applicant met the requirements for the visa, particularly concerning sponsorship.

The Tribunal was required to determine if the applicant satisfied clause 408.111(a)(iii) of the Migration Regulations 1994, which mandates that a sponsoring organisation must pass the sponsorship test. A crucial element of this test, as defined in clause 408.111(a)(iii), is that the organisation has not withdrawn its agreement to sponsor the applicant. The Tribunal also considered whether the applicant met any of the alternative streams for the subclass 408 visa outlined in Subdivision 408.22 of Schedule 2 to the Regulations, as required by clause 408.219A.

The Tribunal found that the applicant's nominated sponsor, the Australian Turkish Education and Cultural Foundation Inc, had formally withdrawn its sponsorship of the applicant. As the sponsorship had been withdrawn, the organisation did not pass the sponsorship test as required by clause 408.111(a)(iii). Furthermore, the applicant had not provided any information indicating sponsorship by another eligible person or organisation for any of the alternative streams. Consequently, the Tribunal concluded that the applicant failed to satisfy clause 408.219A, an essential requirement for the visa.

Accordingly, the Tribunal affirmed the original decision not to grant the applicant a Temporary Activity (Class GG) visa.